- (1.) The only question for determination in this appeal on a certificate granted by the Madras High Court is whether what has been described in the plaint as Shri Krishna Mutt in Shivalli village, in South Kanara District, is a temple as defined in S. 2 (1) of the Madras Temple Entry Authorization Act, 1947 (Madras Act V of 1947), hereinafter called the Act. Sub-section (1) of S. 2 of the Act reads: " 'temple' means a place, by whatever name known, which is dedicated to, or for the benefit of, or used as of right by, the Hindu community or any section thereof, as a place of public religious worship, and includes subsidiary shrines and mantapams attached to such place;"
(2.) The Government of Madras, in exercise of the powers conferred on them under S. 6 of the Act, decided on June 3, 1948, that Shri Krishna Mutt was a temple. The plaintiffs, who represent the heads of six of the eight mutts established at Udipi by Shri Madvacharya, instituted the suit for declaration that the Shri Krishan Mutt (not one of the eight mutts) was not such a temple and for the setting aside of the order of the Government of Madras. The heads of the other two mutts were impleaded as defendants Nos. 2 and 3. The State of Madras is defendant No. 1.
(3.) The State of Madras alone contested the suit and stated that the Shri Krishan Mutt was a temple as defined in the Act. The Trial Court and the High Court held in favour of the defendant's contention with the result that, the plaintiff's suit stood dismissed. The plaintiffs have, therefore, come up in appeal.;